Levee District Law ofFormation
Section § 70030
This law allows people living in a county or part of a county to create a levee district. The district helps protect land from flooding and manages water levels in local waterways like sloughs and drains.
Section § 70031
This law section explains that when creating a new water district, the petition must clearly outline the area's borders and request its official establishment as a district.
Section § 70032
This law requires that to start the process of forming a levee district, a petition must be signed by at least half of the landowners and the owners of half of the land that will be included. The petition can be made up of multiple documents and must be filed with the county's board of supervisors.
Section § 70033
This law section says that when a new district is being proposed, the official in charge of elections in the county where the district will be must announce a hearing about the formation of the district. They have to do this following specific public notice rules mentioned in another part of the law (Section 6066 of the Government Code).
Section § 70034
This section outlines what must be included in the notice for a hearing about forming a new district. It must include the petition's text, the number of signers, at least five signer names, when the meeting will happen, and that interested people can attend and express their views.
Section § 70035
Even if there are mistakes in the petition or notice form, the process of forming a water district is still valid as long as the petition has enough qualified signatures.
Section § 70036
If you're trying to form a new district, you need to submit a formation petition. This petition must be presented at a regular meeting of the county's board of supervisors, where the new district is supposed to be located.
Section § 70037
This law section explains that when a petition is submitted for consideration, the board of supervisors must hold a hearing at the scheduled time. During this hearing, they will listen to anyone who signed the petition and wishes to speak, as well as review any written protests from property owners in the proposed district. These protests must be submitted to the board's clerk before the hearing. The board has the option to postpone the hearing, but only for up to four weeks in total.
Section § 70038
This section discusses the process of forming a district through a petition in California. During a hearing, the board of supervisors will decide if the petition meets legal requirements. They will listen to all relevant evidence for and against the petition. Their decision is recorded in their official records and is final, unless challenged by the state through a lawsuit by the Attorney General within one year of their order forming the district.
Section § 70039
At the final hearing, the board of supervisors can adjust the proposed district's boundaries if needed. They must ensure that any land included that will benefit from the district remains in it. Lands that won't benefit should not be included. Additionally, any landowner whose property wasn't initially included but will benefit from the district can apply to have their land added at the board's discretion.
Section § 70040
Once the boundaries of a proposed district are finalized, the board of supervisors must organize a formation election. This election will decide if the district should be created. It has to be scheduled to take place between 50 and 60 days after the final hearing about forming the district.
Section § 70041
This law outlines what must be included in the notice for an election to form a new levee district. The notice must specify the election date, the district's boundaries, its proposed name including 'Levee District,' and indicate that directors will be elected in this election. Additionally, the notice must be published once a week for at least two weeks in a local newspaper before the election takes place.
Section § 70041.1
This law section outlines the process for notifying and analyzing a proposed district formation election. Once the election is called, the legislative body must inform the local agency formation commission's executive officer within five days via registered mail. This notification includes details about the proposed district, such as its name and description. The executive officer has five days to provide an impartial analysis of the proposal, under 500 words, which includes the district's boundaries. The commission then has another five days to approve or adjust this analysis and send it to those conducting the election.
Section § 70041.2
This law allows the board of supervisors, any of its members, or any eligible voter or group of voters, to submit written arguments for or against the creation of a new district. These written arguments must be kept under 300 words and submitted at least 54 days before the district formation election.
Section § 70041.3
This law section explains that if multiple arguments for or against forming a new district are submitted, election officials must pick one to share with voters. They should prioritize arguments from the local board of supervisors first, followed by those from individual voters or groups of citizens.
Section § 70041.4
This law requires election officials to prepare and send a ballot pamphlet to voters whenever there's a vote on forming a new district. The pamphlet must include the full text of the district formation proposal, an unbiased analysis by the local agency, and arguments for and against the proposal. This information has to be mailed out at least 10 days before the election, and it's considered official material as per election regulations.
Section § 70042
This law section outlines what happens during the election to form a new levee district. First, voters decide whether the levee district should be established by voting on a specific measure. Secondly, if they agree to form it, they will also elect the first directors who will oversee the new district. This process occurs under the regulations set out by the Levee District Law of 1959.
Section § 70043
This law section explains how elections related to water districts should be handled. It states that the election process, including counting votes and announcing results, should follow the general rules of the Elections Code unless specified otherwise in this part. To get a name on the ballot for a district formation election, a person must meet requirements outlined in Section 70124. After the election, the board of supervisors will count the votes during their next regular meeting, which must occur at least five days after the election.
Section § 70044
If most people vote against forming a district or agency, the process won't move forward. However, they can try again later if they want to.
Section § 70045
If most people vote yes to create a district in an election, the local board of supervisors has to officially name it a district in their records. Then, the county clerk needs to record a certificate showing that voters approved forming the district, and this document is filed with the county recorder.
Section § 70046
This law states that if there are minor procedural mistakes or informalities in forming a levee district, these mistakes won’t invalidate the district as long as they don’t significantly harm the legal rights of any citizen.
Section § 70047
If you're going to challenge the validity of the formation of a levee district, you must do so within three months after its official documentation is recorded. After that period, the district's formation and all related proceedings cannot be questioned in court.